Blog – Wills and Estates

Your Will must be available after you passed away.

Ensure that your original signed will is kept safe by a trustworthy person or institution, as a copy of a will is not deemed a valid will. You can also have more than one signed copy of the original will and request different trustworthy persons to keep a copy, in order to ensure that there will be an originally signed copy available after your death. Inform your family and heirs where / who is keeping a copy (or copies) of your will, so that they do not struggle to obtain it after your death.

www.leonita.co.za, wills, estates, testamente

Risks Associated with Do-It-Yourself Pro Forma Wills

The preparation of a do-it-yourself (DIY) pro forma will may, at first glance, appear straightforward and cost-effective, particularly where inexpensive templates are downloaded from the internet or purchased from stationery retailers. However, the execution of a will without appropriate professional guidance may give rise to significant legal deficiencies, potentially resulting in financial prejudice and emotional distress to surviving heirs. It is imperative that one’s passing does not become an avoidable source of hardship for loved ones merely for the sake of utilising a free or generic template.

In the Republic of South Africa, the Wills Act 7 of 1953 prescribes strict formal requirements for the validity of a will. Many generic or foreign-based templates fail to comply with these statutory provisions. The use of such templates, without proper adaptation to local legislative requirements, may render the document invalid and unenforceable.

Understanding Executor Fees in South Africa

Losing a loved one is a difficult time, and navigating the legalities of their estate can feel overwhelming. One of the most common questions families ask is: "How much does it cost to appoint an executor?" If a Will doesn’t explicitly state what the executor should be paid, South African law provides a clear framework to ensure the process remains fair and transparent.

The Prescribed Tariff: What You Need to Know Under the Administration of Estates Act, 66 of 1965, executor remuneration is calculated using a standard tariff.

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